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AG 00-086 DATE(MM/DDIYYYY) ACS CERTIFICATE OF LIABILITY INSURANCE 01/29/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND COOR NFERS R RIGHTS COV RA+G AFFO CERTIFICATE THE HOLDER. IS CERTIFICATE DOE'S NOT AFFIRMATIVELY OR NEGATIVELY AMEND„ BELOW,. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(Sj, AUTHORIZED R_P SENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, be endorsed. ic IMPORTANT: If the certifwcate hDlder I to theDteOrlmsOand conditions of the the Ipolicy,certain policies Dmaylrequirre aAL n endorsement. if A statement on If SUBROGATION IS WAIVED„ subject NAME dorsa gI1of�ECT aures D3F1680 AdC .. this certificate does not confer rights to the certificate holder in lieu of such ranco — hen J CONTA PRODUCER — 206-725 3416 DeFranco Insurance PHONE l It °�— L+� N 206 72 —. P-O. Box 18227 E4Aj_AODRES James@DeFrancolnsurance.com Seattle WA 98118-0227 Ohio SeoLlrgt Insurance covERAOE 24082 INSIJRER�I,AFroRDVP# Cerra an: _..� . uNsw�zEteu North Pacific . ..—.:.—,..—....�..m .—...:_..—.,.._ 2407..._.._ ...:. „tNSUItERB Companies �. INSURED FiIlladeV hte Code Publishing Company INSURER,C p 'ie — — Insurance ...._ .—._�...,— Margaret Bustion INSUREN,D ..—. .IT..- 9410 Roosevelt Way NE Seattle WA 98115 INSURER F REVISION NUMBER: COVERAGES CERTIFICATE NUMBER: 20200129122431066THE ICY IOD LIS EEN IS LIED THE INSURED NAMED ABOVE FOR THIS fS TQ CERTIFY THAT THE POLIYIRE4 LIREMENT TERM OER CONOffION OF6ANY CONTRACT OR,OTHER DOCUMENT WITH RESP ECT To�WHICHRTHR EI,JDICATED NOTAITHSTANDING AN L o1ICLAIM —... � _ ERMS, EXCITIFICAT A AY BE ISSUND COYF �ERPOUA ES.L@h�IT S�IQ I�E AFFORCdI IT NTH UCC TS rI��l �DESCRIS I� HEREIN IS �tJB IECu io AI L THL T.... ....— CERTIFICATE MAY HAVE BEEN REDUCED BY PAID CLAIM INSri ...--OMMERCIALOGENERAL.. "NCE .Abp L UBR POLICY NUMBER. I MMf[&IJdYYYY 1`MPNtlDCfVYYYY - X. C F INSURA LTR 1,000 000 UABIUTYi�TLr 1000000 —. ( a ociJrrrr+n� —15 000 --- 1,000,000 �. CUR MED EXP I�kny one Pars�mrpl 5_ .— ,— ON.. � CLAIMS MADE �OC 102!01/2020 02/01/2021.PERSONAL&ADV INJURY '5 � .",,.. /� Y Y BKS5709713 APPLIES 000 000 ,GEN'L AGGREGATE LIMIT GENERAL AGGREGATE 5—„ I0 0 PER: 2, 0 � PRODUCTS COMP/OP AGG S . X POLICY�] JL.0 ,I LOC Fire Le, al LIa,blllt S. C0 OMBIr IED SS NGLE I.I JIT $ 1,000O0 0 OTI YEFt: _(EA yBODILY INJURY c�a,Iernq Per .._ AUTOMOBILE LIABILITY � ( person) 5 ( ANY AUTO INJURY BODILY Per accident)� ..M I 5 X OWNED X..' SCHEDULED NON-OWNED Y N BKS57097134 o2/ovzozo o2rov2o21 PeCae�d nE),AIbvAr�L AUTOS ONLY AUTOS A — . HIRED AUTOS ONLY :AUTOS ONLY EACH OCC 00'0 000 X ' UMBRELLALIAB „X OCCUR TE o URRENCE S CLAIMS-MADE Y Y US057097134 02!01/2020 02101/2021 L AGGR GRA„^„ Sr. - B I EXCESS LIAB 4 ....AND EMPLOYOERSLIAAfIgIOMi, 'L,, aJI:GX f"IE�` �TAIh~!TE LR ._. WORKERS �E L EACH ACCIDENT Cb I BILITY (uTDRPPA'RTr�eWrXECUTIVE ,r�N :.— _ 5 1,000,000 TION A 0FrK al EM5EREXCLUDED1 L DI EASE EAEMPIOYEE �.. ANYP OPR NIA N BKS57097134 02/01/2020 02/01/2021 DISEASE- 4n NH) DISEASE-POLICY LIMIT S 1,000,000 D RWmPTJC`NoFla",PERATIVII>belvoo $2,000,000 C Publisher's E&O Y N PHSD1517896 02/01!2020 02/01/2021 $2,000,000 DESCRIPTION OF OPERATIONS.P LOCATIONS 1 VEHICLES(ACORD 101„Additional Remarks Schedule,may be attached if more space is required) Certificate holder is named additional insured subject to provision of the attached form CG 88100413 Additional insured-by Contract, agreement or permit. Policy is primary and non-contributory, and volong lth lunt ales r This polof gytwill ion In t be cancelled Iled or n favor of City Of Federal Way, Its City council, commissions, officers, employee, agents, terminated until at least 30 days prior written notice. CANCELLATION CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE. THEREOF, NOTICE WILL BE DELIVERED IN City of Federal Way ACCORDANCE WITH THE POLICY PROVISIONS. 7 33325 8th Ave S Federal Way WA 98003 AUTHORIZED REPRESENTATIVE Email: stephania.courtney@cityoffederalway.com ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY -ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 3 ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY- ADDITIONAL INSURED EXTENSION 6 ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORSIMALPRACTICE AND WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES 6 NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with Its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: I. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; -- 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. ., However, the insurance afforded by this provision does not apply if there is available to the insured other EM valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY -ELEVATORS 1. Under Paragraph 2. Exclusions of Section I -Coverage A - Bodily Injury And Property Damage Liabil- ity, Subparagraphs (3), (4) and (6) of exclusion J. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV - Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion J. Damage To Property is replaced by the follow- ing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (1) Premises rented to you for a period of 7 or fewer consecutive days; or (II) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III - Limits of Insurance. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III-Limits Of Insurance. 2. Paragraph 6. under Section 111 -Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 6. above, the Damage To Premises Dented To You Limit is the most we will pay under Coverage A for damages because of"property damage" to: a. Any one premise: (1) While rented to you; or ' (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection sys- tems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract'. E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I -Coverage C-Medical Payments, Subparagraph (b) of Paragraph a. is replaced by the following: (b) The expenses are Incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS -COVERAGES A AND B 1. Under Supplementary Payments -Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II -Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "per- sonal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage", or "personal and ad- vertising injury" arising out of the operations performed for the state or political subdivision; _ (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar expo- sures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insur- ance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" j out of which the injury or damage arises has been put to Its intended use by any person for organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or legse agreement has expired or you have returned such equipment to the lessor. The insurance provided by this en orIemnt applies only if the written contract or written agreement Is signed prior to the "bodily injury" oi '"property damage"' We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim!Or Suit under Section IV -Commercial General Liability Condi- tions. © 2d13Liberly Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office„Inc.,with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or"property damage" occurs. c. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering .or surveying services, Including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occur- rence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS endorsement is- sued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declaratio ns. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS is amend- ed as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the addi- tional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS -EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. e 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result In a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III - Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED -INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED -FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury" or"personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a)limited liability company), to a co-"employee" while in the course of his or her employ- ment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing profes- sional health care personnel to others, or if coverage for providing professional health care ser- vices is not otherwise excluded by separate endorsement, this provision (Paragraph (d))does not apply. Paragraphs (a) and (b) above do not apply to "bodily injury" or"personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employ- ees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause 'bodily injury" or "personal and advertising injury", or caused in whole or in part by their Intoxica- tion by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV -Commercial General Liability Conditions, the following is added to Condition 6. Repre- sentations: Your failure to disclose all hazards or prior 'occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior 'occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE,CLAIM OR SUIT Under Section IV - Commercial General Llability Conditions, the following Is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II -Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V-Definitions, Definition 3. is replaced by the following: 3. 'Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sick- ness or disease. © 2013Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is repiaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV -Commercial General Liability Conditions, the following is added to Condition 8. Trans- fer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard" provided: 1. You and that person or organization have agreed In writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agree- ment. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 r code 8,2018 PUBLISHING Stephanie D. Courtney AUG 1 3 2018 City Clerk 9410 Roosevelt Way NE Seattle,WA 98115-2844 City of Federal Way C, ��s� ° c �� ,�, �� � � 206.527.6831 1 800.551.2633 33325 - 8th Ave. South °.\I '' Off}' cpc@codepublishing.com Federal Way,WA 98003-63250 , b�X www.codebook.com Dear Stephanie: Effective September 1,2018,we are initiating a price increase for our codification services and clarifying the method with which we measure your web updates.The increase is primarily to account for cost of living changes over the past five years,but also included is the rising cost of server space and maintaining redundancies so we can do our best to keep your code available and online. In addition,Washington State has changed how some services are taxed; these changes are reflected below. To better reflect the electronic nature of the update,we will be charging our web updates on an hourly rate model. Editorial page rate (supplement) 22.50 per page Web hosting(annual) 480.00 per year Web updates and additional work,including 75.00 per hour updating electronic files Printed copies 0.15 per page,per copy A PDF file of each supplement and updated full code is available for customers who prefer to avoid additional costs and do their own print updates in house. It continues to be our promise to you that we will offer the best service at a reasonable price.We regret that this means an increase in price,but with this change we will be able to maintain the service and quality levels to which you have grown accustomed. Please contact me if you have any questions or concerns. Sincerely, AZIA,,/tP, Margaret 0.Bustion,President Save a tree! Email accounting@codepublishing.com if you are interested in paperless billing. AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/04/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT James DeFranco DeFranco Insurance NAME: P.O. Box 18227 lacC.Nn o,Ext):206-723-1680 FAX Ne):206-725-3416 Seattle WA 98118-0227 ADDRESS: James@DeFrancoinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Ohio Security Insurance Company 24082 INSURED Code Publishing Company INSURER B:North Pacific 24074 Margaret Bustion , INSURER c:Philadelphia Insurance Companies 9410 Roosevelt Way NE INSURERD: Seattle WA 98115 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 20190104163807109 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP WLIMITS LTR INSD, VD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 1,000,000_ PREMISES(Ea occurrence) $ A MED EXP(Any one person) $ 15,000 Y Y BKS57097134 02/01/2019 02/01/2020 PERSONAL&ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PO LOC PRODUCTS $ 2,000,000 OTHER: Fire Legal Liability $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED Y N BKS57097134 02/01/2019 02/01/2020 PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) _ $ - X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 2,000,000 B EXCESSLIAB CLAIMS-MADE Y Y US057097134 02/01/2019 02/01/2020 AGGREGATE $ 2,000,000 DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $ 25,000 /"� OFFICER/MEMBEREXCLUDED? N/A N BKS57097134 02/01/2019 02/01/2020 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 25,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 25,000 C Publisher's E&O Y N PHSD1406522 02/01/2019 02/01/2020 $2,000,000 $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Certificate holder is named additional insured subject to provision of the attached form CG 88100413 Additional insured- by Contract, agreement or permit. Policy is primary and non-contributory, along with waiver of subrogation in favor of City of Federal Way, its City council, commissions, officers, employee, agents, and volunteers. This policy will not be cancelled or terminated until at least 30 days prior written notice. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Federal Way THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 33325 8th Ave S ACCORDANCE WITH THE POLICY PROVISIONS. Federal Way WA 98003 AUTHORIZED REPRESENTATIVE Email: stephanie.courtney@cityoffederalway.com " 'e i ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD l ACRE' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/20/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER DeFranco Insurance P.O. Box 18227 Seattle WA 98118 -0227 CONTACT James DeFranco NAME: PHONE 1 FAX (AIC No Eat): 206-723-1680 I (MC No): 206 725 -3416 "AIL James@DeFrancoinsurance.com ADDRESS. INSURER(S)AFFORDINGCOVERAGE NAIC;F INSURER A: North Pacific 24082 INSURED Code Publishing Company 9410 Roosevelt Way NE Seattle WA 98115 INSURER B: Philadelphia Indemnity Insurance Company BKS57097134 INSURERC: 02/01/2018 INSURER D: $ 1,000,000 INSURER E : $ 1'000'000 INSURER F : COVERAGES CERTIFICATE NUMBER: 20161220073805668 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSn SUER wvn POLICY NUMBER POLICY EFF OAMIDDIYYYY) POLICY EXP IMMIDDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y BKS57097134 02/01/2017 02/01/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1'000'000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000.000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER LIMIT APPLIES PRO ,�C7 PER LOC PRODUCTS - COMPlGF AGG $ Fire Legal Liability $ A AUTOMOBILE X LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY Y Y BKS57097134 02/01/2017 02/01/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident) $ A X UMBRELLA LIAB EXCESSLIAB OCCUR CLAIMS -MADE Y N US057097134 02/01/2017 02/01/2018 EACH OCCURRENCE $ 2,000,000 AGGREGATE 2.000,000 $ DED RETENTION S AANYPROPRIETOR WORKERS COMPENSATION AND EMPLOYERS' LIABILITY /PARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes describe under DESCRIPTION OF OPERATIONS below YIN NIA BKS57097134 Stop Gap 02/01/2017 02/01/2018 PER STATUTE OTH- ER E L. EACH ACCIDENT $ 25,000 E.LDISEASE - EAEMPLOYEE $ 25,000 E . DISEASE - POLICY LIMIT $ B Publisher's E &O Y Y PHSD1205951 02/01/2017 02/01/2018 $2m occ /agg DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate holder is named additional insured subject to provision of the attached form CG 88100413 Additional insured- by Contract, agreement or permit. Policy is primary and non - contributory, along with waiver of subrogation in favor of City of Federal Way, its City council, commissions, officers, employee, agents, and volunteers. This policy will not be cancelled or terminated until at least 30 days prior written notice. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave S Federal Way WA 98003 Email: stephanie .courtney ©cityoffederalway.gov SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON - CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS /MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office. Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph' 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to CG 88 10 04 13 (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. © 2013 Liberty Mutual Insurance Includes copynghted material of Insurance Services Office. Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented fo You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement; is not an "insured contract ". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subpdrdyrdpir (b) or Paragraph a. is repldeed by It le following. (b) The expenses are incurred and reported within three years of the date of the accident; and F_ EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or © 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and advertising injury' arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard ". (3) However: Insurance applies to premises you own, rent, or control but only with respect to the following hazards. a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or deuoratiuns and similar exposures, or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage" We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions. CO 88 10 04 13 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to. a. "Bodily injury" or "property damage' arising from me sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps; shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage ", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service maintenance or repairs) to he performed by nr on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded Lo these additional insureds, lire following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance. a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS I MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section II - Who Is An Insured is replaced with the following: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co- "employee" or "volunteer worker' as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is rwl otherwise excluded by sepdrdle eridursernenl, Li lib provision ( Paragraph (d)) dues not apply. CG 88 10 04 13 CD 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of llreir willful cur 'duel, wlric lr is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following. 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest; will qualify as a Named Insured if there is no other similar insurance available to that organization However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability' company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV — Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section ll — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your Mate. O. BODILY INJURY REDEFINED Under Section V — Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease_ • CG 88 10 04 13 O 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following. a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV - Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. CG 88 10 04 13 ©2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 - Cf RD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYW) 2/1/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER DeFranco Insurance P.O. Box 18227 Seattle WA 98118 -0227 Phone: 206 -723 -1680 Fax: 206 -725 -3416 CONTACT James DeFranco NAME: PHONE A No Eat): 206- 7231680 FAX No): 206-725-3416 E-MAIL James @DeFrancoinsurance.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC t Ohio Security Company i S INSURERA: Ohi tY I C P Y COMMERCIAL GENERAL LIABILITY INSURED Code Publishing Company 9410 Roosevelt Way NE Seattle WA 98115 INSURER B: Philadelphi Indemnity Insurance Company BKS1757097134 INSURER C : 02/01 /2017 INSURERD: $ 1,000,000 INSURERE: $ 1,000,000 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSn SUER WVD POLICY NUMBER POLICY EFF IMMIDDIYYYY) POLICY EXP (MMIDDIYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY X BKS1757097134 02/01/2016 02/01 /2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (Ea occurrence) $ 1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO - JECT PER: LOC PRODUCTS - COMP /OPAGG $ $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS RED AUTOS x SCHEDULED AUTOS AO OS ED BKS1757097134 02/01/2016 02/01/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE UKS1757097134 02/01/2016 02/01/2017 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION$ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR /PARTNER/EXECUTIVE Y IN OFFICER/MEMBEREXCLUDEDT (Mandatory In NH) - If yes, describe under DESCRIPTION OF OPERATIONS below N/A BKS1757097134 EPLI 02/01/2016 02/01/2017 PER STATUTE OTH- ER E L EACH ACCIDENT $ 255,000 E . DISEASE - EA EMPLOYEE $ E . DISEASE - POLICY LIMB $ B Publisher's E &O PHSD1113827 02/01/2016 02/01/2017 $2m occurrence /$2m aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mo e space is required) Ceritificate holder is named additional insured subject to provision of the attached form CG 88100413 Additional insured- by Contract, agreement or permit. Policy is primary and non - contributory, along with waiver of subrogation in favor of City of Federal Way, its City council, commissions, officers, employee, agents, and volunteers. This policy will not be cancelled or terminated until at least 30 days prior written notice. CERTIFICATE HOLDER CANCELLATION City of Federal Way 33325 8th Ave S Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988 -2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON -OWNED AIRCRAFT 2 NON -OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY — ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND B 3 ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT 3 PRIMARY AND NON - CONTRIBUTORY — ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS — EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" 6 WHO IS AN INSURED — INCIDENTAL MEDICAL ERRORS /MALPRACTICE AND WHO IS AN INSURED — 6 FELLOW EMPLOYEE EXTENSION — MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU CG 88 10 04 13 CO 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON -OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A - Bodily Injury And Property Damage Liability, exclusion g. Aircraft, Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However, the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance, whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON -OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraph (2) of exclusion g. Aircraft, Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C_ PROPERTY DAMAGE LIABILITY — ELEVATORS 1. Under Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability, Subparagraphs (3), (4) and (6) of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision, elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV — Commercial General Liability Conditions, Condition 4. Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to CG 88 10 04 13 (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. 2. Paragraph 6. under Section III — Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) - Paragraph 9.a. of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke, or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract ". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I — Coverage C — Medical Payments, Subparagraph (b) of Paragraph a. is replaced by lire fvlluwiny. (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS — COVERAGES A AND R 1. Under Supplementary Payments — Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to $3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. G. ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT 1. Paragraph 2. under Section II — Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract, written agreement or permit. Such person or organization is an additional insured but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or CG 88 10 04 13 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or c. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to "bodily injury", "property damage ", or "personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to "bodily injury" or "property damage" included within the "completed operations hazard ". (3) Insurance applies to premises you own, rent, or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a. above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b. above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c. above, this insurance does not apply to any "occurrence" which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage ". We have no duty to defend an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In the Event Of Occurrence, Offense, Claim Or Suit under Section IV — Commercial General Liability Conditions. © 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I - Coverage A - Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury" or "property damage" arising from the sole negligence of the additional insured. b. "Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. c. "Bodily injury ", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage ", or the offense which caused the "personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to he performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additioral insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured Is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON - CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4. Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. n 2013 Liberty Mutual Insurance CG 8810 0413 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non - contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured, this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. ADDITIONAL INSUREDS - EXTENDED PROTECTION OF YOUR "LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an "occurrence" or an offense that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to all insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a "suit" by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III — Limits of Insurance of this policy, whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED - INCIDENTAL MEDICAL ERRORS / MALPRACTICE WHO IS AN INSURED - FELLOW EMPLOYEE EXTENSION - MANAGEMENT EMPLOYEES Paragraph 2.a.(1) of Section 11- Who Is An Insured is replaced with the following: (1) 'Bodily injury" or "personal and advertising injury": CG 88 10 04 13 (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co- "employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while pertorming duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or "volunteer worker' as a consequence of Paragraph (1) (a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1) (a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is riot otherwise excluded by separate eridorsernenl, this provision (Parayraplr (d)) dues not apply. © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 8 Paragraphs (a) and (b) above do not apply to "bodily injury" or "personal and advertising injury" caused by an "employee" who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's" job responsibilities assigned by you, includes the direct supervision of other "employees" of yours. However, none of these "employees" are insureds for "bodily injury" or "personal and advertising injury" arising out of their willful currducl, wtik. h is defined as the purposeful or willful intent to cause "bodily injury" or "personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee ". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3. of Section II - Who Is An Insured is replaced by the following. 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV - Commercial General Liability Conditions, the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Under Section IV — Commercial General Liability Conditions, the following is added to Condition 2. Duties In The Event of Occurrence, Offense, Claim Or Suit: Knowledge of an "occurrence ", offense, claim or "suit" by an agent, servant or "employee" of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section II — Who Is An Insured or a person who has been designated by them to receive reports of "occurrences ", offenses, claims or "suits" shall have received such notice from the agent, servant or "employee ". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V — Definitions, Dcfinition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a. of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US — WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV — Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or your work" done under a contract with that person or organization and included in the "products completed operations hazard" provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. CG 88 10 04 13 © 2013 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 8 1. .. FEDERAL WAY 2. ORIG~iÐIilHi¥=F PER SO : E .~. DATE REo.. By: 4. TYPE OF DOCUMENT REo.UESTED [CHECK ONE): )!(j:.ROFESSIONAL SERVICE AGREEMENT 0 MAINTENANCEILABOR AGREEMENT 0 PUBLIC WORKS CONTRACT 0 SMALL PUBLIC WORKS CONTRACT [LEss THAN SeB,DDO] 0 PURCHABE AGREEMENT [MATERIALS, SUPPLIES, EŒJIPMENT1 5. PRO,JECT NAME: 0 SECURITY DOCUMENT [E.G., AGREEMENT & PERFlMAJN BONO; ASSIGNMENT OF FUNDS IN LIEU OF BONO] 0 CONTRACTOR SELECTION DOCUMENT [E.G., RFB, RFP, RFCI) 0 CONTRACT AMENOMENT 0 EASEMENT 0 OTHER 0 CDBG AGI, 0 REAL ESTATE PURCH B. NAME OF CON~jTOR: ADDRESS: rU TYPE OF PERSON DR ENTITY [CHECK ONE): 0 INDIVIDUAL 0 PARTNERSHIP ~~OLE PROPRIETORSHIP /,ORPORATION STATE: bJll1 TAX IDIIBSI, 9/- / <¡L 7 f',L~ 7 SIGNATURE NAME: TITLE: 7. SCOPE OF WORK: ATTACH ExHIBIT A . A COMPLETE AND DETAILED DESCRIPTION OF THE SERVICES DR SCOPE OF WORK, INCLUDING COMPLETION DATE FOR EACH PHASE OF WORK AND LOCATION OF WORK. ~\~ C- B. TERM: COMMENCEMENT DATE: , ( .,¿} COMPLETION DATE: 9. TOTAL COMPENSATION ~ / r 1" [INCLUDE EXPENSES AND SALEB TAX, IF ANy) [IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES] - REIMBURSABLE EXPENSES: DYES ONO ONo IF YES, MAXIMUM DOLLAR AMOUNT: S IS SALES TAX OWED? DYES IF YES, S PAID BY: D CONTRACTOR OCITV 10. SELECTION PROCESS USED [CHECK ONE): 0 f'lEClUEST FOR BIOS ~EcauEST FOR PROPOSALS 0 REClUEST FOR QuOTES 0 REcauEST FOR QuALIFICATIONS 0 ARCHITECT & ENGINEER LIST 0 SMALL WORKS ROSTER 11. CONTRACT REVIEW INITIALIDATE ApPROVED ftl4/~~ ~ [~r\Y-4 - ße+kr~ V~Ol.V" ~ ""1 . Le+- ~(.... k..,~ ~}\\ ~e.\.fJ d~ ìf- ~~ ~RECTOR [Jo'CÃW [ALL CONTRACTS] ~K MANAGEMENT tALL CONTRACTS EXCEPT AMENDMENTS, CONTRACTOR SELECTION OOCUMENT1 ~At.. :;/:J8jfD - 'i'\ - '..\\ ~Ù ~ \. ~ 0 HUMAN SERVICES 11. CONTRACT SIGNATURE ROUTING INITIALIDATE ApPROVED ~W DEPARTMENT e-e-;TY MANAGER o-e:.TY CLERK ~GN COpy BACK TO ORIGINATING OEPT. 0 ASSIGNEO AG I ~-Œ...D f#~~¡c - " WHITE - ORIGINAL BTAVB WITH CONTRACT CANARY - CUIRK TO BTAFF PINK - LAW DE"". ,"OLOENROO - ORIGINATING STAFF LD4"" [R.V 11111'" ~ ~ \SJ... ~?s\p PROFESSIONAL SERVICES AGREEMENT FOR CODE PUBLISHING COMPANY, INC. This Professional Services Agreement ("Agreement") is dated effective this/~ay of April, 2000. The parties ("Parties") to this Agreement are the City of Federal Way, a Washington municipal corporation ("City"), and Code Publishing Company, Inc., a Washington corporation ("Contractor"). A. The City seeks the temporary professional services of a skilled independent contractor capable of working without direct supervision, in the capacity of the codification of city ordinances; and B. services. The Contractor has the requisite skill and experience necessary to provide such NOW, THEREFORE, the Parties agree as follows: 1. Services. Contractor shall provide the services more specifically described in Exhibit" A" , attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted practices for other similar services, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the City Manager or his or her designee. 2. Term. The term of this Agreement shall commence upon the effective date of this Agreement and shall automatically renew each year until either party terminates said Agreement in accordance with Section 3 of this Agreement. 3. Termination. Prior to the expiration of the Term, this Agreement may be terminated with or without cause by either party. The City may cancel this Agreement upon sixty (60) days prior written notice to the Contractor. The Contractor may cancel this Agreement only upon sixty (60) days prior written notice to the City. 4. Compensation. 4.1 Total Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor in accordance with Exhibit" A", attached hereto and incorporated by this reference. OR' GINAL 4.2 Method of Payment. Payment by the City for the Services win only be made after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. 4.3 Contractor Responsible for Taxes. The Contractor shan be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 5. Compliance with Laws. Contractor shall comply with and perform the Services in accordance with all applicable federal, state, and City laws including, without limitation, all City codes, ordinances, resolutions, standards and policies, as now existing or hereafter adopted or amended. 6. Warranty. The Contractor warrants that it has the requisite training, skill and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to being registered to do business in the City of Federal Way by obtaining a City of Federal Way business registration. 7. Independent Contractor/Conflict of Interest. It is the intention and understanding of the Parties that the Contractor shall be an independent contractor and that the City shall be neither liable nor obligated to pay Contractor sick leave, vacation payor any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. The Contractor shall pay all income and other taxes as due. Industrial or any other insurance which is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benetìt to the Contractor, shall not be deemed to convert this Agreement to an employment contract. It is recognized that Contractor mayor will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not cont1ict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. 8. Indemnification. 8.1 Contractor Indemnification. The Contractor agrees to indemnify, defend and hold the City, its elected oftïcials, oftìcers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, - 2 - their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of the Contractor, its partners, shareholders, agents, employees, or by the Contractor's breach of this Agreement. Contractor waives any immunity that may be granted to it under the Washington State Industrial Insurance Act, Title 51 RCW. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers I compensation acts, disability benefit acts or any other benefits acts or programs. 8.2 City Indemnification. The City agrees to indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. 8.3 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 9. Equal Opportunity Employer. In all Contractor services, programs or activities, and all Contractor hiring and employment made possible by or resulting from this Agreement, there shall be no discrimination by Contractor or by Contractor's employees, agents, subcontractors or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, creed, national origin, marital status or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona tide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. Contractor shall not violate any of the terms of Chapter 49.60 RCW, Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973 or any other applicable federal, state or local law or regulation regarding non-discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 10. Confidentiality. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered contidential. Breach of confidentiality by Contractor will be grounds for immediate termination. - 3 - 11. Insurance. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating which is satisfactory to the City: 11.1 Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; 11.2 Commercial general liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death, products liability and property damage. 11.3 Automobile liability insurance with combined single limits of liability not less than $2,000,000 for bodily injury, including personal injury or death and property damage. 11.4 Professional liability insurance with combined single limits of liability not less than $2,000,000 for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. The City shall be named as additional insured on all such insurance policies, with the exception of professional liability and workers' compensation coverages. Contractor shall provide certificates of insurance, concurrent with the execution of this Agreement, evidencing such coverage and, at City's request, furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. All insurance policies shall contain a clause of endorsement providing that they may not be terminated or materially amended during the Term of this Agreement, except after thirty (30) days prior written notice to the City. If Contractor's insurance policies are "claims made" or "claims paid", Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated. Contractor's failure to maintain such insurance policies shall be grounds for the City's immediate termination of this Agreement. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 12. Work Product. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City, At - 4 - the termination or cancellation of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 13. Books and Records. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 14. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 15. General Provisions. 15.1 Entire Agreement. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior agreements shall be effective for any purpose. 15.2 Modification. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. 15.3 Full Force and Effect. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. 15.4 Assignment. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 15.5 Successors in Interest. Subject to the foregoing Subsection, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. - 5 - 15.6 Attorney Fees. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. 15.7 No Waiver. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. 15.8 Governing Law. This Agreement shall be made in and shall be governed by and interpreted in accordance with the laws of the State of Washington. 15.9 Authority. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. 15.10 Notices. Any notices required to be given by the Parties shall be delivered at the addresses set forth below. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth below. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. 15.11 Captions. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. 15.12 Performance. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. 15.13 Remedies Cumulative. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 15.14 Counterparts. This Agreement may be executed in any number of counterparts, which counterparts shall collectively constitute the entire Agreement. - 6 - 15.15 Compliance with Ethics Code. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered nu]] and void, at the City's option. DATED the day and year set forth above. C David H. Moseley, City M nager 33530 I st Way South Federal Way, WA 98003 By: ~~..~ ~( ( ~ City CI k, N. ristine Green, CMC APPROVED AS TO FORM: f~ it Lu1~ ~ -hv- City Attorney, Londi K. 'Lindell Its: CODE PUBLISHING COMPANY, INc. By: '(Si~,d~ M~;~~ wd-O. 6vs()~ (Printed Name) p 1'6') Id~ + (Title) 7- 020 .A/£ h S--"fk S t S~h' flJi'! tv Æ c¡ ~ II J- (Address) ;Jtlb - 5 J- 7 - b gjl (Phone) I:\AGREEMENT.CODE Rev,9n/99 - 7 - 4.-04.-2002:36PM FROM P. 1 Scope of Work - Cost City of Federal Way The following is a Scope of Work to be pCfrformed for the City of Federal Way. Code Publishing Company, Inc. will: . 1. Create a Folio Vie'ws 4.1 CD-ROM electronic ¡nfobase of the Federal Way City Code from disks provided by the city. CD to include HTML, PDF (Adobe Acrobat) and word processing files. . 2. Digitize and convert approximately 200 pages of tables. charts and graphics. 3. Provide quarterl)' one (1) printed supplement of all codifiable ordinances (matching existing page layout and format) to include editing, proofmg, indexing and updating tables, together with instruction and checklist pages.. . 4, Print 35 sets of supplement pages for Volume J and II ofthe City Code. S. Print 23 sets of supplement pages for Volume II of future land use code. 6. Provide recurring telephone maintenance and two days of on-site training. 7, Provide hypertext links to the CD-ROM version of the RCW /W AC, ordinances or other documents, 8. (If requested by the City), enable Internet access through MRSC, create hypertext links, provide periodic updates and maintenance at regular supplement intervals. 9. Provide outside subscription service at no charge to the City. Editorial Costs Per Page Total Folio Bound Views 4.1 Sl,OOO.OO Digitize tables, charts, graphics $15.00 Supplement ordinances $16.00 Pages with tables, graphics (additional) $15.00 Reproduction Costs Printing cost (per impression) $0.07 (35 sets x # of pages x SO.07) Miscellaneous Costs On-site training N/C Internet hypertext links, updates & maintenance, labor estimated at 24 hours per year. $40.00 per hour Optional Costs Each Total Hypertext links N/C EXHTRIT (~ If .:1-0.:1-2002:37PM FROM P.2 Future Supplement Costs Editorial ' Text, index, ordinance tables (per page) Pages with tables. graphics Printing (cost per impression) Folio updates including IITML, PDF & word files ($SO.OO minimum) Internet updates Per Page $16.00 S15.00 SO.07 S1.30 N/C Additional Miscellaneous Costs Reprints of Volume J Code of Ordinances $75.00 without binders and tabs, S115.00 with. Reprints of Volume II Land Use Regulations are $75.00 without binders and tabs, $115.00 with. OutSide subscription supplement service based on number of pages at a rate of $0.10 per page. Electronic version $75.00 each. Custom tab dividers $10.00 per set. Custom D-ring binders are $30.00 each. � 2(�DD-� 08 � " ,��� O P I D: E ACORO DATE(MM/DDNYYY) �.,..� CERTIFICATE OF LIABILITY INSURANCE 02101111 THIS CER7IFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies} must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certaln policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement s. PRODUCER 2as-622-rJr�rJ CONTACT Ed Sobc nski NIHT Insurance 1904 Third Ave Suite 714 206-622-9727 q�� NE E , i : 425-948-6123 ac No : 206-622-9727 seattle, wA 98101 E-MAIL Edsob mhtinsurance.com Ed Sobc nski ADDRESS: ZY PRODUCER r.r�r�rn � INSURED Code Publishing Company, Inc. 9410 Roosevelt Way NE Seattle, WA 98115 INSURER(S�AFFORDING COVERAGE NAIC iF �r,suReR a:Am erican States Insurance Co. 19704 INSURER E : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF NSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWffHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WffH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND C�IDITIONS OF SUCH POLICIES. LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SU8 ppLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR GENERALLIABILITY EACH OCCURRENCE $ Z�OOO�OO /4 X COMMERCIAL GENERAL 1.4481LITY X 02BP675071-4 02l01111 02/07l12 MAGETO R N ���,�� PREMISES Eaoccurrence $ CLAIMS-MADE �OCCUR MEDEXP(Anyoneperson) $ ��,00 q X Printers E8�0 02BP675071-4 02/01171 02/01112 PERSONAL & ADV INJURY $ EXCLUDE A X EmployersLiab. 02BP675071-4 02/D1l11 02/01/12 GENERALAGGREGATE $ 4 r������ GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG $ Z,OOO,OO X POLICY PR � LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ incl in G ANY AUTO � BODILY INJURY (Per person) $ AlL OWNEDAUTOS BODILY INJURY (Peraccident) $ SCHEDULED AUTOS PROPERTY DAMAGE /4 X HIREDAUTOS 02BP675071-4 02101l11 02/01/12 (Peraccident) $ /4 X NON-OWNEDAUTOS 02BP675071-4 02/01l11 �2/��/�2 $ $ UMBRELLALIA6 OCCUR EACH OCCURRENCE $ EXCESS LIAB C�AIMS-MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ VvORKERSCOMPENSATION WCSTATU- OTH- AN�EMPLOYERS'LIA8ILITY TORYLIMITS x ER Q ANYPROPRIEfORfPARTNERIEXECUTIVE YfN 02BP675071-4 EMPLOYER 02107l11 02/01/12 E.LEACHACCIDENT $ Includedi OFFICERlMEMBER EXCLUDED? ❑ N � A (MandatoryinNH) CONTWGENTLIABILITY e.�.D�se,4sE-ev,et�nP�ovEE S L'labillt If yes, descnbe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMff $ BUSIt1ES DESCRIPTION OF OPERATIONS ! LOCATIONS 1 VEHICLES (n ttach ACORD 101, Additional Remarks Schedule, if moro space is required) City of Federal Way is named as Additional Insured, subject to the provisions of the attached Form BP7057{07102), Additional Insured-Desi�nated Person or Organizatlon Cancellation Provisions apply per Form BP0106 108 ttached. City of Federal Way 33325 8th Avenue S. Federal Way, WA 98063-8718 ACORD 25 (2009109) CI-FEDW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE UVILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REP RES ENTATI V E 1,._....�i� f O 1988-2009 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD 0 � "^ REpRIN7EDFROM THH ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUOE ADDITIONAL FORMS "" 3 �;�1..� `€'°� �# �'� BUSINESSOWNERS �P 7o s7 a7 a2 TN15 ENDORSEMEN7 CHANGES THE POLICY. PLEASE READ !T CAREFULLY. ADDITfONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This �ndorsement modifies insurance provided under the foliowing: BUSINESSOWNERS GOVERAGE FORM -- Section Il — Liabifity SCHEDULE* Name of Persan or Organization: AS per attached Certi�icate of Insurance WHO IS AN INSUfi�D (Section C) is amended to include as an insured the person or arganization shown in the Schedule as an insured but only with respect ta fiability arising out of your operations or premises owned by or renfed to you. * information required to compiete the Schedule, if not shown on this endorsement, will be shown in the Declarations. BP 7Q 57 07 02 Saleco o and the Sateco logo are SrademarYs ol Saieco Caporaiion EP AFP-PAETA2-24PR1NTOQ1-6212•0093X . "" REPRINTED FRDM THE FORMS LIBRARY "`" endorsed on this policy to replace the Mort- gageholders Property General Condition. 8. The following are added to Section I— Property: a. The term actual cash value means: (1) When the damage to property is economically repairable, actual cash value means the cost of repairing the damage, less reasanable de- duction for wear and tear, deteri- oration and obsolescence. (2) When the loss or damage to prop- erty creates a total loss, actual cash value means the market value af property in a used condition equal to that of the destroyed property, if reasanably available on the used market. (3j Otherwise, actual cash value means the market value of new, identical or nearly identical property less rea- sonable deduction for wear and tear, deterioration and obsoles- cence. b. The word �vehicles", as used in Sec- tion I— Property, means vehicles running on land or tracks, but not air- craft. B. Section II — Liability is amended as follows: 9. Paragraph B.1.e. Employer's Liabili#y Ex- clusion applies only to �'bodily injury" to °employees" of the insured whose employ- ment is not subject to the Industrial Insur- ance Act of Washington (Washington Revised Code Title 51). With respect to �bodily injury" to "employees" of the insured whose employ- ment is subject to the Industrial Ensurance Act of Washington, Paragraph B.1.e. Em- pinyer's Liability is replaced by the follow- ing: e. Employer's Liability (1) uBodily injury" to an "employee" af the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related ta the canduct of the insured's busi- ness. (2} Any obligatian to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not appiy to liability assumed by the insured under an °'insured contract". 2. Paragraph C.2.a.(1) Who Is An Insured ap- plies only to "employees" of the insured whose employment is not subject to the In- dustrial Insurance Act of Washington (Wash- ington Revised Code Titie 51). With respect to °employees" of the insured whose employment is subject to the Indus- trial Insurance Act of Washington, Paragraph C.2.a.(1) is replaced by the following: (1) "Bodily injury" or "personal injury": (a) To you, to your partners or mem- bers (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co- "employee" while that co- "employee" is either in the course of his or her employment or per- forming duties related to the con- duct of your business; or (b) For which there is any abligation to share damages with or repay someone else who must pay dam- ages because of the injury de- scribed in Paragraph (1)(a); C. Section III — Common Policy Conditions is amended as follows: 1. Paragraph A. Cancellation is replaced by the following: A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancella- tion. 2. We may cancel this policy by mail- ing or delivering to the first Named Insured and the first Named 4n- sured's agent or broker written no- tice of cancellation at least: a. Five days before the effective date of cancellation for any structure where two or more of the following conditions exist: (1) Without reasonable expla- nation, the structure is un- occupied for more than 60 consecutive days, or at least 65% of the rental Page 4 ot 6 ""` REPRINTED FROM THE FDRMS LI6RARY "" units are unoccupied for more than 120 consecutive days unless the structure is maintained for seasonal occupancy or is under con- struction or repair; (2) Without reasonable expla- nation, progress toward completion af permanent repairs to the structure has not occurred within 60 days after receipt of funds fol- lowing satisfactory adjust- ment or adjudication of loss resulting from a fire; (3) Because of its physical condition, the structure is in danger of collapse; (4) Because of its physical conditian, a vacation or demolitian order has been issued for the structure, or it has been declared unsafe in accordance with applica- ble law; (5) Fixed and salvageable items have been removed from the structure, indicat- ing an intent to vacate the structure; (6) Without reasonable expla- nation, heat, water, sewer, and electricity are not fur- nished for the structure for 60 consecutive days; or (7) The structure is not main- tained in substantial com- pliance with fire, safety and buiiding codes. b. 10 days before the effective date of canceliation if we cancel for nonpayment of premium. c. 45 days before the effective date af cancellation if we cancel for any other reason. 3. We will mail or deliver our notice stating the actual reason for cancel- lation to the first Named lnsured and the first Named Insured's agent or broker at their last mailing ad- dresses known to us. 4. We will also mail or deliver to any mortgageholder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice af cancellation prior to the effective date af cancellation. if cancellation is for reasons other than those contained in Paragraph A.2.a. above, this notice will be the same as that mailed ar delivered to the first Named Insured. If cancella- tion is for a reason cantained in Paragraph A.2.a. above, we will mail or deliver this notice at least 20 days prior to the effective date of cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is canceled, we will send the first Named insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named insured cancels, the refund will be at least 90% of the pro rata refund. The cancellation will be ef- fective even if we have not made or offered a refund. If notice is mailed, proof of mailing will be sufficient proof of notice. 2. Paragraph H.1. Other Insurance is replaced by the following: 1. With respect to insurance provided un- der Sec#ion I — Property: You may have other insurance sub- ject to ihe same plan, terms, condi- tions and provisions as the insurance under this policy. If you do, we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this policy bears to the limits of insurance of all insurance covering on the same basis. b. If there is other insurance covering the same loss or damage, other than that described in a. above, we will pay only for the amount of cov- ered loss or damage in excess of the amount due from that other in- surance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insur- ance. BP 01 Q6 01 OS Page 5 ot 6 EP 3-29-2005:32PM American States Insuranœ A $AFe~-:) Compatly FROM P.2 I-'Alj~ I AMERICAN ECONOMY INSURANCE CaMPI INDIANAPOLIS, INDIANA ULTRA SERIES PRINTER NAMED INSURED AND MAILING ADDRESS CODE PUBLISHING COMPANY, INC. PO BOX 51164 SEATTLE, WA 98115 POLICY PERIOD FROM 02-01-00 TO 02-01-01 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE. ~ORNI OF BU:SINESS: CORPORATION RENEWAL DECLARATIONS POLICY NUMBER 02-BO-633820-4 RENEWAL OF 02-BO-633820-3 02-97 AGENT NAME AND ADDRESs. MILLER HANSEN & TORPHY INC 1425 4TH AVE SUITE 510 SEATTLE, WA 98101 46-25738 (206) 622-5505 THE TOTAL PREMIUM DUE FOR THE POLICY TERM IS $659.00. YOU WILL BE BILLED THROUGH YOUR CUSTOMER ACCOUNT #701-7884-448-01. YOU NEED NOT PAY ANY PREMIUM AT THIS TIME. WE WILL SEND A BILLING STATEMENT IN A SEPARATE MAILING. IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. PREMISES 001 LOSS PAYEE BCL BUSINESS CREDIT LEASING ATTN: LORI HEBIG 115 WEST COLLEGE DRIVE MARSHALL, MN 56258 COMPUTER EQUIPMENT THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY: BPOOO2(O689) SPECIAL PROPERTY COV FORM BP7014(0589) PRINTER'S ERRORS & OMISSIONS BPO403(0187) ACCOUNTS RECEIVABLE COV BP7030(0390) VALUABLE PAPERS & RECORDSCOV BP1206(0689) LOSS PAYABLE PROVISION - WA BP7058(O593) HIRED AUTO PHYSICAL DAMAGE BOP 6-3250(0595) NOTICE TO POLICYHOLDERS BPOOO6(0689) LIABILITY COVERAGE FORM BPO106(0689) WASHINGTON CHANGES 1L7201(0392) COMPANY COMMON POL CONDITIONS BP7080(O695) ORDINANCE OR LAW COVERAGE BY (DATE) 9.BP(11.BB) PREMISES 001 LOSS PAYEE AT&T CAPITAL-LEASING SERVICES ATTN: COLLEEN CASWELL POBOX 3547 BELLEVUE, WA 98009 ACCOUNT #00653187 BP7086 (0398) BP7635 (0598) BP0420(0889) 'BP7092 (0398) , BP7057 (1097) BP7075 (0494) ILOO03(0689) BPOO09(O689) 1LO157 (0489) ILO173 (0193) BP1004(0498) PRINTERS ULTRA PROPERTY PLUS BUSINESSOWNERS ULTRA PLUS LIAB HIRED AUTO AND NON-OWNED A MINI COMPUTER COVERAGE FORM ADDL INSD DESIGNATED PERSON FORGERY OR ALTERATION COVERAGE CALCULATION OF PREMIUM COMMON POLICY CONDITIONS WASHINGTON-CHANGES ACV WASH CHANGES - EXCLUDED CAUSES EXCLUSION OF COMPUTER RELATED (AU I HOHILI:U HI: Jt{I:SEN'1 AliVE) COMPANY USE ONLY 3-29-2005:33PM FROM P-3 ~A(;t ï. POLICY DECLARATIONS EXTENSIO... NAMED INSURED: CODE PUBLISHING COM?ANY, INC~ POLICY NUMBER: 02-BO-633820-4 THE FOLLOWING FORMS CURRENTLY APPLY TO THIS POLICY (CONTINUED FROM PREVIOUS PAGE): 6-3756(1298) ADVISORY NOTICE TO POLICYH BPO473(1298) WASHINGTON CHANGES - DOMESTIC BP7005(O487) EMPLOYERS CONT. LIAB. BP8068 (0598) EXCLUSION - ASBESTOS BP8029(1296) AGGREGATE LIMITS OF INSURANCE BP8083(O598) BUSINESS LIABILITY COVERAGE - 3-29-2005:33PM FROM , POLICY DECLARATIONS EXTENSIO¡, NAMED INSURED: CODE PUBLISHING COMPANY, INC. P.d f'AlJt j POLICY NUMBER: 02-BO-633820-4 PREMISES 1 2020 NE 65TH ST BUILDING 1 «600 I SPFH <5 M.I RFS) SEATTLE, WA 98115 APPLICABLE TO THESE PREMISES EXCEPT WHERE NOTED BELOW, A DEDUCTIBLE OF S 250 APPLIES BUSINESS PERSONAL PROPERTY BUSINESS INCOME (NOT EXCEEDING 12 CONSECUTIVE MONTHS) DEDUCTIBLE: NONE TENANTS LIABILITY DEDUCTIBLE: NONE OUTDOOR SIGNS (DEDUCTIBLE: $ 250) HONEY AND SECURITIES (DEDUCTIBLE: $ 250): INSIDE THE PREMISES OUTSIDE THE PREMISES ACCOUNTS RECEIVABLE VALUABLE PAPERS AND RECORDS MINI COMPUTER COVERAGE: EQUIPMENT ACTIVE DATA PROCESSING MEDIA EXTRA EXPENSE HINI COMPUTER MECHANICAL BREAKDOWN (DEDUCTIBLE: $1000) SEWER OR DRAIN BACK-UP ORDINANCE OR LAW CONSTRUCTION: OCCUPANCY: FRAME PRINTING SHOPS LIMITS OF INSURANCE $ 18,000 ACTUAL LOSS SUSTAINED SEE BUSINESS LIABILITY $ $ $ s $ 7.500 10,000 5,000 25,000 25,000 $ 80.000 S 15,000 $ 15,000 INCLUDED $ 5,000 ACTUAL LOSS SUSTAINED 3-29-2005:33PM FROM POLl~Y DECLARATIONS EXTENSIO. NAMED INSURED: CODE PUBLISHING COMPANY, INC. APPLICABLE TO ALL PREMISES YOU OWN, RENT OR OCCUpy BUSINESS LIABILITY: LIABILITY AND MEDICAL EXPENSES MEDICAL EXPENSES (ANY ONE PERSON) AGGREGATE LIMITS: PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT ALL OTHER INJURY OR DAMAGE (ALL OCCURRENCES) HIRED AUTO AND NON-OWNED AUTO LIABILITY HIRED AUTO PHYSICAL DAMAGE DEDUCTIBLE: $100 COMPREHENSIVE $250 COLLISION EMPLOYEE DISHONESTY (DEDUCTIBLE: NONE) FORGERY OR ALTERATION (DEDUCTIBLE NONE) . TOTAL TERM PREMIUM P.5 I'JI.\1t '4 POLICY NUMBER: 02-BO-633820-4 LIMITS OF INSURANCE $ 2,000,000 $ 10.000 $ 2,000.000 $ 4.000,000 SEE BUSINESS LIABILITY $ 50,000 $ $ 15.000 5,000 $ 659.00 I I Action: Add Update Delete Find Browse Nxt Prv Tab Options Quit 1 I Create a new document 1 1===========================[ Recurring Invoices ]===========================1 1 Doc#: 2159386 Group: ms Year: 2000 1 1 Inv#: CODE PUBLISH Template: Y I 1 Desc: MSC-CODIFICATION SVCS I 1 Vendor: 001969 CODE PUBLISHING COMPANY INC 1 IFisc class: cy Start date: End Date: 1 I Interval: Document class: Last copied: 1 1====Type==Item code===Whse====Quantity==Unit======Unit Cost======Extension==1 101)(svc)( ) ( 1.00) 1 I Tax cd: Cornm cd: 1099 box: 0 I I MSC-CODIFICATION SVCS 1 I AS PER CONTRACT #AGOO-086 I 1 TERM: 04-14-2000 - PERPETUAL I 1 AUTOMATICALLY RENEWS EACH YEAR I 1 COMPENSATION PER EXHIBIT "A" I 1 APPROVER: CHRIS GREEN I 1 E 001-1200-044-514-30-410 100.000% 1.00 I 1 I 1================================================== (To tal: 1.00)=1 I (New Document) 1 I 2 Sess-1 10.1.10.3 1 2/11 , April 26, 2012 Carol McNeilly, Ciry Clerk City of Federal Way 33325 Eighth Avenue South Federal Way, WA 98003-6325 Dear Carol: We are pleased that after many years, we have not had to raise our printing, electronic updating or web hosting costs. Effective June 1, 2012, our supplement page rate is being adjusted approximately $1.50 per page. This change is driven by increased personnel costs and related health care benefits. Building and retaining a skilled editorial staff is essential to our business. Fair compensation allows us to do this, and direcdy supports our production goals: high quality and timeliness. Prices: Supplement page rate $ 21.00 Printing (no change) Electronic updates (no change; $65.00 per hour) Web hosting (no change) We provide the following archival services to you at no additional charge: individual print supplement files, full code reprint files which are updated with each print supplement, full code html file sets at each supplement interval (print or online version). We save all manuscripts (scanned PDF files or paper copies) for future research. We appreciate your business and pledge to continue offering high qualiry codification services. Attached to this letter are prices for optional codification services. One or more of these may be new to you. If you are interested in any of these, please call us. Sincerely, ��G,�''�� Margaret Bustion, President Enclosure: list of additional electronic features ��d� publishing.inc 9410 Roosevek Way NE . Seatde, WA 98115-2844 � 206.527.6831 / 800.551.2633 � faz 206.527.5411 www.codepublishing.com OP ID: ES .4COR0 `� CERTIFICATE OF LIABILITY INSURANCE DATE (MM)DDIYYYY) 1 0210412014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MHTlnsurance 1904 Third Ave Suite 714 Seattle, WA 98101 Ed Sobczynski CANT. T So NAME; Ed bcz nski PHONE 425 -948 -6123 A. No: 206 -622 -9727 Aic No Ell ADDRESS: Edsob mhtinsurance.com CUSTOMER ID C CODEP -1 INSURERS AFFORDING COVERAGE NAIC / INSURED Code Publishing Company, Inc. 9410 Roosevelt Way NE Seattle, WA 98115 INSURER A: American States Insurance Co. 19704 INSURER B: INSURER C INSURER D: EACH OCCURRENCE INSURER E: PREMISES Ea occurrence INSURER F : A COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ACCORDANCE WITH THE POLICY PROVISIONS. POLICY NUMBER MMID MMIDDP YYY LIMITS 33.325 8th Avenue S. GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 PREMISES Ea occurrence $ 100,0 A X COMMERCIAL GENERAL LIABILITY X 02BP675071 -7 02/01/2014 02/0112015 CLAIMSMADE Fx_1 OCCUR MED EXP (Any one person) $ 10,0 PERSONAL & ADV INJURY $ EXCLUDE A X Printers E &O 02BP675071 -7 02/01/2014 02101/2015 A X Employers Liab. 02BP675071 -7 02/01/2014 02101/2015 GENERAL AGGREGATE $ 4,000, GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP /OP AGG $ 2,000,E $ X1 POLICY PROT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ Incl in G ANY AUTO BODILY INJURY (Per person) $ Limit ALL OWNED AUTOS BODILY INJURY (Per accident) $ A SCHEDULED AUTOS HIRED AUTOS 02BP675071 -7 02/01/2014 02101/2015 PROPERTY DAMAGE (PER ACCIDENT) $ X X $ A NON OWNED AUTOS 02BP675071 -7 02101/2014 02/01/2015 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ HCLAIMS-MADE AGGREGATE $ EXCESS LIAR DEDUCTIBLE $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN OFFICER/MEMBER EXCLUDED? El (Mandatory In NH) NIA 02BP6750717 EMPLOYER'S CONTINGENT LIABILITY 02/0112014 02/01/2015 WCSTATU- X OTH- TORY LIMITS ER E.L. EACH ACCIDENT Is Included in E.L. DISEASE - EA EMPLOYEE $ Liability If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ Business DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) City of Federal Way s named as Additional Insured, subject to the rovisions of the at jtached Form BP7057(07/02), Additional Insured - Designated erson or Organization Cancellation Provisions apply per Form BPO106 (08 10) attached. CFRTIFICATF HOLDFR CANCELLATION C1 -FEDW SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City Of Federal Way Carol McNeilly, City Clerk AUTHORIZED REPRESENTAmE 33.325 8th Avenue S. Federal Way, WA 98063 -8718 ©1988 -2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD " "REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS - Liberty Mutual. INSURANCE BUSINESSOWNERS BP 70 57 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM — Section 11 — Liability SCHEDULE* Name of Person or Organization: WHO IS AN INSURED (Section C) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. * Information required to complete the Schedule, if not shown on this endorsement, will be shown in the Declarations. BP 70 57 07 02 EP AFP- MTA2- 26.PRAJTW 1.1493. 0097 -E '*** REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" Various Logos BUSINESSOWNERS BP 01 06 08 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CHANGES This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Section I — Property is amended as follows: 1. Paragraphs A.2.a. and h. Property Not Covered are replaced by the following: a. Aircraft, automobiles or motortrucks; and any other vehicle if such vehicle is subject to licensing requirements; h. "Computer(s)" which are permanently installed or designed to be permanently installed in any aircraft, watercraft, motortruck or other vehicle subject to li- censing requirements. This paragraph does not apply to "computer(s)" while held as "stock ". 2. In the sections titled Covered Causes of Loss or Exclusions, any introductory para- graph preceding an exclusion or list of ex- clusions is replaced by the following paragraph, which ,pertains to application of those exclusions: We will not pay for loss or damage caused by any of the excluded events described be- low. Loss or damage will be considered to have been caused by an excluded event if the occurrence of that event: a. Directly and solely results in loss or damage; or b. Initiates a sequence of events that re- sults in loss or damage, regardless of the nature of any intermediate or final event in that sequence. 3. In Paragraph B.1.b.(5) Earth Movement Exclusion, the definition of Volcanic Action is replaced by the following: Volcanic Action 5. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when loss or damage is caused by: a. Volcanic blast or airborne shock waves; or b. Ash, dust or particulate matter. Volcanic Action does not pro- vide coverage for damage to: (i) Land; (ii) Property in the open or in open sheds; or (iii) Portions of buildings not completely en- closed, or personal property contained within those buildings. All volcanic eruptions that occur within any 168 -hour period will constitute a single occurrence. 2. Removal Direct loss includes the cost to: a. Remove the ash, dust or particulate matter from the interior and exterior surfaces of the covered building; and b. Clean equipment and stock. If stock cannot be returned to its state be- fore the volcanic eruption, the measure of loss will be the re- duction in actual cash value. Payment for removal applies only to the initial deposit of ash, dust or particulate matter following a volcanic eruption. Subsequent deposits arising from the movements of volcanic dust or ash by wind or other means are not covered. The following applies to the Business Income and Extra Expense Additional Coverages only: The "period of restoration" arising from the need for removal is the time neces- sary to remove the matter described with reasonable speed from the Cov- ered Property. e Insurance Services Office, Inc., 2010 BP 01 06 08 10 Page 1 of 7 EP "" REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ­ 3. Volcanic Action does not include loss (iv) Is attributable to the caused by, resulting from, contributed to failure, in whole or in or aggravated by: part, of a dam, levee, a. Fire; seawall or other boun- dary or containment b. Explosion; system. c. Flood, surface water, waves (in- cluding tidal wave and tsunami), tides, tidal water, overflow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge); or d. Earth movement, including but not limited to earthquake, volcanic eruption, landslide, mine subsi- dence, lava flow, mudflow, earth sinking, earth rising or shifting. 4. Paragraph B.1.9. Water Exclusion is re- placed by the following: a. Flood, surface water, waves (including tidal wave and tsunami), tides, tidal wa- ter, overflow of any body of water, or spray from any of these, all whether or not driven by wind (including storm surge); b. Mudslide or mudflow; c. Water that backs up or overflows or is otherwise discharged from a sewer, drain, sump, sump pump or related equipment; d. Water under the ground surface press- ing on, or flowing or seeping through: (1) Foundations, walls, floors or paved surfaces; (2) Basements, whether paved or not; or (3) Doors, windows or other openings; or e. Waterborne material carried or other- wise moved by any of the water referred to in Paragraph a., c. or d., or material carried or otherwise moved by mudslide or mudflow. This exclusion applies if any of the above, in Paragraphs a. through e.: () Occurs independently; (ii) Is caused by an act of nature; (iii) Is caused by an act or omission of humans or animals; or Page 2 of 7 But if any of the above, in Paragraphs a. through e., results in fire, explosion or sprin- kler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage. 5. Paragraph B.Z.I. Other Types Of Loss Ex- clusion is replaced by the following: 1. Other Types Of Loss: (1) Wear and tear; (2) Rust or other corrosion, decay, de- terioration, hidden or latent defect or any quality in property that causes it to damage or destroy it- self; (3) Smog; (4) Settling, cracking, shrinking or ex- pansion; (5) Nesting or infestation, or discharge or release of waste products or se- cretions, by insects, birds, rodents or other animals; (6) Mechanical breakdown, including rupture or bursting caused by cen- trifugal force. This exclusion does not apply with respect to breakdown of "computers"; or (7) The following causes of loss to per- sonal property: (a) Dampness or dryness of at- mosphere; (b) Changes in or extremes of tem- perature; or (c) Marring or scratching. But if an excluded cause of loss that is listed in (1) through (7) results in a "specified causes of loss ", building glass breakage or collapse, as provided in the Additional Coverage, Collapse re- sults, we will pay for the loss or damage caused by that "specified causes of loss ", building glass breakage or col- lapse. '*** REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS " * 6. Paragraph B.3. Exclusions is replaced by the following: 3. We will not pay for loss or damage caused by or resulting from any of the following, a. through c. But if an ex- cluded cause of loss that is listed in a. through c. results in a Covered Cause of Loss, we will pay for the loss or damage caused by that Covered Cause of Loss. a. Weather Conditions (1) A weather condition which re- sults in: (a) Landslide, mudslide or mudflow; (b) Mine subsidence; earth sinking, rising or shifting (other than sinkhole col- lapse); (c) Water, as described in Par- agraphs A.4.a. through AA.e. of this endorsement; But if loss or damage by fire, explosion or sprinkler leakage results, we will pay for the loss or damage caused by that fire, explosion or sprinkler leakage. (2) A weather condition which re- sults in the failure of power communication, water or other utility service supplied to the described premises, if the fail - ure: (a) Originates away from the described premises; or (b) Originates at the described premises, but only if such failure involves equipment used to supply the utility service to the described premises from a source away from the described premises. But if loss or damage by a Cov- ered Cause of Loss results, we will pay for that resulting loss or damage. b. Acts Or Decisions Acts or decisions, including the fail- ure to act or decide, of any person, group, organization or governmental body. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. c. Negligent Work Faulty, inadequate or defective: (1) Planning, zoning, development, surveying, siting; (2) Design, specifications, work- manship, repair, construction, renovation, remodeling, grading, compaction; (3) Materials used in repair, con- struction, renovation or remod- eling; or (4) Maintenance; of part or all of any property on or off the described premises. But if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage. 7. Paragraph E. Property Loss Conditions is amended as follows: a. The last paragraph of Paragraph 2. Ap- praisal does not apply. b. Paragraph 3.a.(1) Duties In The Event Of Loss Or Damage, regarding notify- ing the police if a law may have been broken, does not apply. c. Legal Action Against Us is replaced by the following: Legal Action Against Us No one may bring a legal action against us under this insurance unless: a. There has been full compliance with all of the terms of this insurance; and b. The action is brought within two years after the date on which the direct physical loss or damage oc- curred. If this action is brought pursuant to Sec. 3 of RCW 48.30 then 20 days prior to filing such an action, you are required to provide written notice of the basis for the cause of action to us and the Office of the Insurance Commissioner. Such notice may be sent by regular mail, reg- istered mail, or certified mail with return receipt requested. BP 01 06 00 10 Page 3 of 7 EP —'REPRINTED FROM THE ARCHIVE, THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS "" d. Paragraphs 5.d.(1)(a)(ii) and 9. The following are added to Section 1 — 5.d.(1)(a)(iii) Loss Payment are re- Property: placed by the following: a. The term actual cash value means: (ii) The amount it would cost to replace the damaged item at the time of the loss with new property of similar kind and quality to be used for the same purpose on the same site; or (iii) The amount you actually spend in repairing the dam- age, or replacing the dam- aged property with new property of similar kind and quality. e. Subparagraph 5.d.(5) Loss Payment is replaced by the following: (5) Tenants' Improvements and Better- ments at: (a) Replacement cost if you make repairs within a reasonable time after loss; (b) A proportion of your original cost if you do not make repairs within a reasonable time after loss. We will determine the pro- portionate value as follows: (1) Multiply the original cost by the number of days from the loss or damage to the expiration of the lease; and (ii) Divide the amount deter- mined in (f) above by the number of days from the installation of improve- ments to the expiration of the lease. If your lease contains a renewal option, the expiration of the re- newal option period will replace the expiration of the lease in this procedure. (c) Nothing if others pay for repairs or replacement. 8. Paragraph F.2. Mortgageholders Property General Condition is replaced by the follow- ing: Insurance Commissioner's Regulation No. 335/WAC284 -21 -010 requires that Form 372 (Ed. 11 -50) or Form 438 BFU (Ed. 5 -42) be endorsed on this policy to replace the Mort - gageholders Property General Condition. (1) When the damage to property is economically repairable, actual cash value means the cost of repairing the damage, less reasonable de- duction for wear and tear, deteri- oration and obsolescence. (2) When the loss or damage to prop- erty creates a total loss, actual cash value means the market value of property in a used condition equal to that of the destroyed property, if reasonably available on the used market. (3) Otherwise, actual cash value means the market value of new, identical or nearly identical property less rea- sonable deduction for wear and tear, deterioration and obsoles- cence. b. The word "vehicles ", as used in Section I — Property, means vehicles running on land or tracks, but not aircraft. B. Section 11 — Liability is amended as follows: Page 4 of 7 1. Paragraph B.1.e. Employer's Liability Ex- clusion applies only to "bodily injury" to "employees" of the insured whose employ- ment is not subject to the Industrial Insur- ance Act of Washington (Washington Revised Code Title 51). With respect to "bodily injury" to "employees" of the insured whose employ- ment is subject to the Industrial Insurance Act of Washington, Paragraph 113.1.e. Em- ployer's Liability is replaced by the follow- ing: e. Employer's Liability (1) "Bodily injury" to an "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's busi- ness. (2) Any obligation to share damages with or repay someone else who must pay damages because of the injury. **'* REPRINTED FROM THE ARCHIVE THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS " * This exclusion does not apply to liability 2. We may cancel this policy by mail - assumed by the insured under an ing or delivering to the first Named "insured contract ". Insured and the first Named In- sured's agent or broker written no- 2. Paragraph C.2.a.(1) Who Is An Insured ap- tice of cancellation at least: plies only to "employees" of the insured whose employment is not subject to the In- a. Five days before the effective dustrial Insurance Act of Washington (Wash- date of cancellation for any ington Revised Code Title 51). structure where two or more of the following conditions exist: With respect to "employees" of the insured whose employment is subject to the Indus- (1) Without reasonable expla- trial Insurance Act of Washington, Paragraph nation, the structure is un- C.2.a.(1) is replaced by the following: occupied for more than 60 1 "Bodily r "personal injury": () " y in u ry�� "p ry" consecutive days, or at least 65% of the rental (a) To you, to your partners or mem- units are unoccupied for bers (if you are a partnership or joint more than 120 consecutive venture), to your members (if you days unless the structure is are a limited liability company), or to maintained for seasonal a co- "employee" while that co- occupancy or is under con- "employee" is either in the course struction or repair; of his or her employment or per- (2) Without reasonable expla- forming duties related to the con- nation, progress toward duct of your business; or completion of permanent (b) For which there is any obligation to repairs to the structure has share damages with or repay not occurred within 60 days someone else who must pay dam- after receipt of funds fol- ages because of the injury de- lowing satisfactory adjust - scribed in Paragraph (1)(a). ment or adjudication of loss resulting from a fire; C. Section III — Common Policy Conditions is amended as follows: (3) Because of its physical condition, the structure is in 1. Paragraph A. Cancellation is replaced by danger of collapse; the following: (4) Because of its physical A. Cancellation condition, a vacation or 1. The first Named Insured shown in demolition order has been the Declarations may cancel this issued for the structure, or policy by notifying us or the insur- it has been declared unsafe ance producer in one of the follow- in accordance with applica- ing ways: ble law; a. Written notice by mail, fax or (5) Fixed and salvageable e -mail; items have been removed from the structure, indicat- b. Surrender of the policy or bin- ing an intent to vacate the der; or structure; c. Verbal notice. (6) Without reasonable expla- Upon receipt of such notice, we will nation, heat, water, sewer, cancel this policy or any binder is- and electricity are not fur - sued as evidence of coverage, ef- nished for the structure for fective on the later of the following: 60 consecutive days; or a. The date on which notice is re- (7) The structure is not main - ceived or the policy or binder is tained in substantial com- surrendered; or pliance with fire, safety and building codes. b. The date of cancellation re- quested by the first Named In- sured. BP 01 06 08 10 Page 5 of 7 EP "... REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS .... b. 10 days before the effective covered loss or damage. Our share date of cancellation if we cancel is the proportion that the applicable for nonpayment of premium. Limit of Insurance under this policy c. 45 days before the effective bears to the limits of insurance of date of cancellation if we cancel all insurance covering on the same for any other reason. basis. 3. We will mail or deliver our notice stating the actual reason for cancel- lation to the first Named Insured and the first Named Insured's agent or broker at their last mailing ad- dresses known to us. 4. We will also mail or deliver to any mortgageholder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of cancellation prior to the effective date of cancellation. If cancellation is for reasons other than those contained in Paragraph A.2.a. above, this notice will be the same as that mailed or delivered to the first Named Insured. If cancella- tion is for a reason contained in Paragraph A.2.a. above, we will mail or deliver this notice at least 20 days prior to the effective date of cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is canceled, we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels, the refund will be at least 90% of the pro rata refund. The cancellation will be effective even if we have not made or offered a refund. 7. If notice is mailed, proof of mailing will be sufficient proof of notice. 2. Paragraph H.1. Other Insurance is replaced by the following: 1. With respect to insurance provided un- der Section I — Property: a. You may have other insurance sub- ject to the same plan, terms, condi- tions and provisions as the insurance under this policy. If you do, we will pay our share of the Page 6 of 7 b. If there is other insurance covering the same loss or damage, other than that described in a. above, we will pay only for the amount of cov- ered loss or damage in excess of the amount due from that other in- surance, whether you can collect on it or not. But we will not pay more than the applicable Limit of Insur- ance. 3. Paragraph 1.3. Premiums is replaced by the following: 3. The premium must be: a. Paid to us prior to the anniversary date; and b. Determined in accordance with Par- agraph 2. above. Our forms then in effect will apply. If you do not pay the continuation premium, this policy will expire on the first anni- versary date that we have not received the premium. 4. The following paragraph is added: M. Nonrenewal We may elect not to renew this pol- icy by mailing or delivering written notice of nonrenewal, stating the reasons for nonrenewal, to the first Named Insured and the first Named Insured's agent or broker, at their last mailing addresses known to us. We will also mail to any mortgageholder, pledgee or other person shown in this policy to have an interest in any loss which may occur under this policy, at their last mailing address known to us, written notice of nonrenewal. We will mail or deliver these notices at least 45 days before the: (1) Expiration of the policy; or (2) Anniversary date of this policy if this policy has been written for a term of more than one year. If notice is mailed, proof of mailing will be sufficient proof of notice. "" REPRINTED FROM THE ARCHIVE. THE ORIGINAL TRANSACTION MAY INCLUDE ADDITIONAL FORMS ­- Otherwise, we will renew this policy (2) Other coverage acceptable to unless: the insured has been procured (1) The first Named Insured fails to prior to the expiration date of pay the renewal premium after the policy; or we have expressed our (3) The policy clearly states that it willingness to renew, including is not renewable, and is for a a statement of the renewal pre- specific line, subclassification, mium, to the first Named In- or type of coverage that is not sured and the first Named offered on a renewable basis. Insured's insurance agent or broker, at least 20 days before the expiration date; BP 01 06 08 10 Page 7 of 7 EP